CNH Industrial Capital America LLC v. Williams (In re Williams)

(Bankr. W.D. Ky. Apr. 5, 2018)

The bankruptcy court enters summary judgment in favor of the creditor on two counts in the nondischargeability complaint. The debtor sold two pieces of equipment collateral without delivering the proceeds to the creditor. The court finds that the facts establish the debtor acted willfully and maliciously in causing the injury to the creditor. A third piece of equipment collateral was repossessed by another creditor and created a factual dispute. Opinion below.

Judge: Lloyd

Attorney for Creditor: Andrews Law Firm, PLLC, Ashley Sanders Cox

Attorney for Debtor: Mark H. Flener

2018-04-05 – in re williams

Author: Matt Lindblom

Direct Capital Corporation v. Steele (In re Steele)

(Bankr. S.D. Ind. April 11, 2016)

The bankruptcy court enters judgment in favor of the debtors in this nondischargeability action under 11 U.S.C. § 523(a)(2), (4), and (6). The debtors signed a guaranty on a debt incurred by their business and secured by equipment. The debtors then left the company, and filed their chapter 7 petition. The creditor was unable to locate the collateral and filed this action. Because the debtors signed the guaranty with the appropriate authority, there was no misrepresentation or fraud in the inducement. There was also no evidence to show a fiduciary relationship between the parties, and there were no facts to support a claim of larceny. There was insufficient evidence to show that the debtors’ failure to maintain knowledge of the location of the collateral constituted a willful and malicious injury. Opinion below.

Judge: Lorch

Debtors: Pro Se

Attorney for Creditor: Lohmeyer Law Offices, Steven S. Lohmeyer

2016-04-11 – in re steele

Author: Matt Lindblom